Labor Law §240(1) protects workers exposed to the hazards of elevation related differentials which require the types of safety devices called for in the statute. The worker must be performing a task enumerated in the statute when he or she is exposed to such risks. The statute provides in pertinent part:
Section 240(l). All contractors and owners and their agents…in the erection, demolition, repairing, altering, painting, cleaning or pointing…of a building or structure shall furnish or erect or cause to be furnished and erected for the performance of such labor, scaffolding, hoists, stays, ladders, swings, hangars, blocks, pulleys, braces, irons, ropes and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.
The courts have generally determined that the statute is applicable where a worker falls because of the failure to provide the protection mandated by the statute or when the worker is injured because of an object which falls as a result of a statutory violation.
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